WHAT IS THE TRADEMARK SEARCH REPORT AND HOW TO MAKE A SEARCH REPORT?

WHAT IS THE TRADEMARK SEARCH REPORT AND HOW TO MAKE A SEARCH REPORT?


 

Introduction:

A trademark search report is a comprehensive report that covers the findings of a trademark search and is created for the brand name you have chosen for your product or service. Look for any markings that may cause your clients to get confused. A detailed trademark search is the first step in ensuring trademark protection. You will be able to tell if there's a place for the mark you wish to protect if you know what other trademarks are available. Fortunately, trademark research has never been simpler, but one must know exactly what you are looking for. Based on the product description, the search report will provide you with information on the availability of the mark in the classes listed. 

It is important for individuals or companies that intend to register a trademark but want to know everything about availability, comparable marks, and other information before applying. These reports are often prepared by professional search firms and may be requested by intellectual property attorneys. Without a proper trademark search and Trademark Search Report, you may attempt to register a mark that is not accessible or is similarly confusing to another trademark, wasting time and money. A Trademark Search Report can also be used as evidence to prove good faith in a trademark infringement action. Trademark search includes all trademarks and service marks that are currently registered, pending, abandoned, cancelled, or expired, both identical and similar to your proposed mark.

Why Is a necessary to conduct a Trademark Search Report?

The trademark search will assist you in determining the availability of the trademarks, the status of any comparable marks that have been applied, and any other relevant information that will assist you in deciding on the brand name, logo, or a combination of the two.

 

The Benefits of Trademark Search Report:

The advantages of trademark search report to fully grasp the advantages of a trademark attorney search report, we must first recognize that trademark registration is a lengthy procedure that typically takes 1.5 years. The time it takes for the examination report to be issued is usually six to eight months, after which the applicant is allowed to respond to the examiner's findings. By the time the applicant learned of the prospective impediment to trademark registration, the brand owners would have already spent a significant amount of money. If the registration is denied, the brand would be left unprotected, something no firm wants. A trademark search is a wise investment that comes highly suggested to every potential trademark applicant.

 

The most significant advantage of having a registered trademark is the ability to protect one's brand and business by instrumenting to the compassion of one's business. Furthermore, a strong brand may operate as a direct link between the client and the product by ensuring that they are trustworthy and linked with the company for a long time.

 

The inspection of the trademark application by the trademark examiner is the most significant part. The examiner will evaluate the application’s registration based on the following criteria.

 

  • If the application is under section 9 of the Trademark Act,1999 which establishes absolute grounds for rejection, the application may be granted.

  • Whether the application can be granted under section 11 of the act, which specifies the grounds for registration denial.

 

Classification:

  • Identical trademark search - Identifies similar marks

  • The search of similar trademark- Identifies confusing marks

  • In-use verification- examines if any third party has prior rights

  • Trademark search- based on their consideration of the prior marks found, the findings of the same or similar trademark search

  • Index search- Businesses with names that are identical or similar to the search terms are identified.

 

How to Conduct a Trademark Search:

 

At the Indian trademark database link, you can conduct a free online trademark search in the Trademark Registry of India.

There are three categories of the trademark search:

 

  1. For a comparable depiction of a wordmark, use a wordmark. You might begin by running your own pretty credible trademark search. Examine the services or goods available in your selected sector. There are 45 different trademark registration classes. According to the Nice Classification, Classes 1-34 deal with various goods, whereas Classes 35-45 deal with services. As a result, you’ll need to update the class in the box to “CLASS.” And the class(es) should be connected to your trademark’s services or products. You can only search the India trademark database using a single class at a time.

  2. For similar artistic depiction, see the Vienna Code. The Vienna code search is mostly used to locate comparable device marks, and you must input the six-digit Vienna code in the box labelled “Vienna code” and pick the appropriate class. If your search reveals that the mark you want to use is already in use or is significantly similar to one currently in use, you may need to explore another option. It is aggravating to cope with this, but you must select another mark in this scenario. If you do not search for a mark that is the same or too similar to yours, or if you disregard the results of a search that reveals a mark exists that is identical or too close to yours, you might face legal action. The more well-known a trademark is, the more likely the owner is to object to it being used.

  3. Phonetic-For terms that are phonetically related. Except for the prefix approach, the phonetic search would be the same as the above Wordmark search approach. As a result, you may use the same procedure as before to do a phonetic search of the trademark.

 

A Comprehensive Trademark Search Report's Key Features include the material is simple to read, well-organized, and designed to include all of the information you want. The organization of trademark information is thoughtful, with the most significant information coming first and the remainder being easily accessible

Hiring Professional or right support:

Many small firms prefer to forego professional searches unless they are preparing to enter into a distribution or licensing deal where they guarantee not to infringe on a trademark, or if they require peace of mind that there aren't any existing marks. Hiring a professional may be expensive, you are not required to search before submitting a trademark application with the Trademark Office, although it is strongly advised.

For a firm or customer, a correctly conducted trademark search and approval lower the following risks:

  • They will have to stop referring to the product or service by that name.

  • Infringement allegations will require them to pay legal expenses and damages.

  • They will be obliged to adopt a trademark that, if it can be protected at all, would need a significant expense to defend.

The professional can provide you a legal opinion on the status of a possible trademark in all relevant classes, the chances of obtaining a successful registration, and advice for further measures.

Conclusion:

Trademark Search is critical in determining if your brand name or trademark is registrable under the Trademark Act. If a comparable trademark already exists in the trademark registration, change it or come up with a new name. If your brand name has gained market recognition, you may go ahead and register it.

Before filing a trademark application for registration, it is generally advisable to do a trademark search. The Trademark Act of 1999 offers you a fair overview of whether your trademark is registrable. It is up to you to decide if a search report is worthwhile. Companies with sufficient resources may believe it is worthwhile. Even if you do not receive a detailed report, it is critical to conduct as thorough a search as possible to prevent legal disputes on trademark infringement.

References:

1.https://www.setindiabiz.com/learning/trademark-attorney-search-report/

2. https://www.upcounsel.com/trademark-search-report

3. https://www.novagraaf.com/en/insights/your-marks-importance-trademark-searching


by srija purimetla